February 1701

Feb. 11.Whitehall.

146. Council of Trade and Plantations to Governor the Earl of Bellomont. We shall now proceed to answer particularly your letters which we acknowledged Dec. 20 last. We are sorry to observe that your Lordship continues to write about the heats that are between the different parties in New Yorke, and as the reconciling of their minds and disposing them to an unanimous concurrence in whatever offers for H.M. service and the good of the Province is infinitely more desirable than the advancement of one party to the dissatisfaction of the other, we doubt not but your Lordship will accordingly always make that your aime, and we hope your prudence will in the end effect it. In the meanwhile, as you are pleased to say that you are not discouraged by the unreasonable opposition you have met with there, so we intreat you not to entertain any suspicions that your services are slighted here. For we, at least for our parts, have been always ready to do your Lordship all the good offices that lye in our power, as, in particular, in relation to the establishment of your salaries, and if the effect of our Representation have not yet answered our wishes, you will doubtless have an account from your Agent of the obstructions he has found therein. We have also recommended to the Lords of the Admiralty your accounts relating to the timber, laden or intended to be laden, in the Fortune, which is all we could do in that matter; but we are very sorry to understand that both that ship and lading have been cast away on the coast of Cornwall. The miscarriage of this ship we suppose will make your Lordship very cautious in sending anything hither of value upon a public account, without express order for it, and we hope you will extend that caution to the great masts that grow above Albany, concerning which we desired you, April 11 last, to try how they could be got down the great Fall, and to compute at what rates, they may be delivered on ship-board at New Yorke; but did not give any directions for the sending of them home, and your Lordship will do well therefore not to engage too far therein till further order. The pay of the soldiers being now so well established that they have their subsistence every fortnight and their clearings every two months, we doubt not but Mr. Champanté may remit it from time to time, without putting your Lordship to the difficulties you say you have found in drawing, and as we were at first wel satisfied with the character that you gave us of him, so we still esteem him to be a diligent and prudent person, very capable of that imployment; and as to the reason which inclines you to desire that the Agent should be a merchant, that so the soldiers' pay might be the more advantagiously invested here in commodities and sent by sea, we do not think it of much weight, because the King for certain will not bear that risque, and however zealous your Lordship is for the publick service, having before us the fresh instance of the loss of the Fortune, we cannot but be too tender of your private interest, to encourage you to undertake that method upon your own hazard. As to the augmentation of 4d. per day in the pay of 100 soldiers, which you desire may be allowed in order to the imploying of them in the production of Naval Stores, there being
an establishment made for all H.M. forces, pursuant and in proportion to what is allowed by Parliament, we do not think fit to propose any alteration therein, believing your Lordship will be very well able to give them that, or a greater incouragement by the method we offer'd in our letter of Sept. 19. We enclose a copy of our Representation and the new Establishment (from April 25) thereupon. [See Jan. 16.] Lest any farther directions should be wanting upon the imployment of the overplus, we desire to know how it and any summe that has arisen by dead pays have hitherto been disposed of. The Muster-Rolls you sent have been delivered to the Agent to be lodged by him in the proper offices. What you write about the clamour of the Recruits for their sea-pay shall be laid before the King. Major Ingoldsby has desired permission to stay longer in England, in order to the stating his accounts with the Lord Ranelagh. We send you the copy of his Memorial, but have not found anything for us to do upon it.

We were glad to understand by your letter. Oct. 17 last, that the Eastern Indians had submitted to our Five Nations and renounced their dependance on the Governor of Canada; and hope that by your continued prudence in managing all those Indians that agreement will be improved to the advantage and security of all H.M. Plantations in those parts. But nevertheless the enclosed extract [see Cal. A. and W. I. 1700. No. 835] will show your Lordship that the French had another notion of their interest amongst the Indians, and particularly even amongst our Five Nations at that very time; and it may be a new argument (if any were wanting) to keep your Lordship in a constant watchfulness upon all their proceedings. We have perused the conference you had with the Indians at Albany, and do agree with your Lordship that the less such things are published to the world the better; and that therefore it is not fit they should be printed, but rather transmitted to us (as this) in writing. And having considered what you write therein, and what you farther write about the allowing some French Coureurs de Bois (who lived amongst the remote Indians) a free passage thro' our Five Nations in order to trade at Albany, and to come and settle there, wee think you ought to be very cautious in that matter, for it appears to us to be dangerous. However, the promoting a trade with the Dowaganhas and ingaging them to come and settle in a friendly manner, in the neighbourhood of our Five Nations, seems to be very desirable, though we are doubtfull by what you write, Oct. 24, about the Dionondades falling upon some of our Indians, that it will hardly be effected; and we are apt to suspect, as you do, that the Dowaganhas themselves have not been sincere in their proposals, which still is a farther ground for great caution in all transactions, either with the French, or the Indians that are influenced by them. The desire of our Indians, that boundaries may be settled between the French and them, seems very reasonable; but as we see little ground to expect that it will at present be done here, we can only recommend it to your Lordship that you take the best care you can to hinder the French from incroaching upon them.

What you write of the ill condition of the Stores, etc., sent from the Office of Ordnance, has been laid before the King, and directions have been given for sending 100 good beds, etc. (see Jan. 21.) as likewise 1,000 axes, as desired formerly, and spades etc. for building the Forts, of all which we have given notice to Mr. Champante, and doubt not but he will take care to send them. The cloathing for the soldiers which you did not receive by the Advice frigat, he tells us were sent about two months after, and we question not but he will have satisfied you in the reason.

Upon our representation concerning what you writ about the Forts at Albany and Schenectady, H.M. has been pleased to order us to acquaint you as Jan. 21.

We are glad your Lordship has prevailed with the Assembly of New Yorke to repeal the Act for securing the Indians, which you did not like, and to give a tax in lieu of it; and as by that means we suppose sufficient provision is made for building the Fort in the Onondage Country, so we hope you will take care it be put into such a condition that it may resist an enemy in case of a war and not be in danger of falling into their hands.

We enclose a copy of our Representation, Jan. 10, upon the forts and fortifications of America, as likewise of our letter to Mr. Secretary Vernon on the same subject, and H.M. circular letters to the Governors relating thereto, and because they are sealed, we send you likewise copies of those which are not for yourself, that, in sending them forwards, you may better know what to write along with each. We send you another letter from H.M. relating to the preservation of timber in the Provinces of Massachusets Bay and New Hampshire, which H.M. was pleased to direct us to draw in pursuance of our Representation, whereof we sent you a copy Oct. 30 last; and as your Lordship does complain of Mr. Partridge, Lieut.-Governor of New Hampshire, as a Chief Promoter of an undue timber trade from thence, and we have formerly given you our opinion that it is not fit any Governor of H.M. Plantations should be an ordinary trading merchant in any kinde whatsoever, we desire you to propose to us some other fit person to be put in his place, after which we will represent farther to his Majesty upon those matters, as shall be necessary.

As to the 500l., which we desired by our foresaid letter to Mr. Secretary Vernon might be advanced and remitted to your Lordship immediately, we send you here inclosed an extract of his letter to us of the 21st of the last month, which shows you that H.M. has agreed to it, and given directions to the Lords Commissioners of the Treasury accordingly. So that this matter lying now wholly before them, and Mr. Champantè having accordingly applied himself to them about it, we refer your Lordship to him. By our Representation concerning Forts, etc., you will perceive that we have had all Col. Romer's Memorials, draughts and plans, together with what you have writ us, under consideration. And as his draughts of the Rivers upon the Eastern Coast of New England seem to be very exact, and are
more particular than any we have seen of those parts, we desire he may be farther directed to joyn them together, and so make one continued draught of that whole Coast from St. Croix to Cape Cod, and that you would send us a copy. We much wish also that you could procure a good map to be drawn of all the Indian countrys in the neighbourhood of H.M. Plantations, marking the names of the several Nations (as they call themselves, and are called by the English and French) and the places where they inhabit, and that you would send us such an one for our better light into matters relating to those Indians.

And as your Lordship has now travelled thro' many places, in or near your Governments, and we cannot doubt you have made observations upon the nature, state and condition of those places, which might be usefull to us upon many occasions, we desire you would communicate the same to us in some separate letter, as you find leisure from the ordinary course of your business.

We have also laid before H.M. a Representation upon the Forts and Fortifications in H.M. Islands, and by reason of the imperfect memorials that we have from all parts, having therein set forth the necessity that all H.M. Governours, as well upon the Continent as in those Islands, should be required to transmit hither a perfect account of the state of defence of each Plantation under their Government respectively, H.M. has been pleased to direct us to require the same; and we accordingly desire your Lordship to take notice of it, with respect to the Plantations whose Militia is under your inspection, as well as those that are more immediately under your Government. In representing the necessity of building or repairing Forts in New Yorke, your Lordship again mentions Col. Fletcher's debt, and says that the service is too pressing to stay till he may be compelled by Law to refund etc., you see by what we have writ already that other care is taken about those Forts; however, as to Col. Fletcher's debt it were well that matter were determined; and since you cannot proceed against him there, you will do well to furnish the Lords of the Treasury with proofs and evidences, in order to his prosecution here. We observe what you write about the encrease of the Revenue, and are very well satisfied with your care therein. If you get any farther light into the method of paying the bottoms of ships with brimstone, we still desire to have an account thereof. As for the want of a Court of Chancery, we think the difficulties you find in holding one ought to be no stop to the proceedings there, the rather because great complaints have been brought hither of such stops in other Colonies, and it is still uncertain when the Attorney and Sollicitor, intended for New York, will be dispatched.

We have acquainted the Lord Bishop of London with your having suspended Rev. Smith and your account of his character. We are very sensible of what you write about the advantages that might be made by having some Ministers sent to live amongst our Indians; and we think it would much promote those advantages, if such Ministers had, besides other qualifications, a little skill also in Physick and Chirurgery. The French Missionaries
have insinuated themselves and strengthened their interest amongst the Indians by those means, and we ought not to neglect them. But the getting of a maintenance for such Ministers is the difficulty. We are doing what we can here with the Corporation for evangelizing Indians; and we wish you could find a way to make some use of what Sir William Ashurst has proposed to you from them, untill better can be obtained.

We are now about preparing a Report upon the Act for Vacating Extravagant Grants of Land, in which your Lordship's reasons for vacating those grants shall be offer'd to his Majesty. We intend also shortly to lay before H.M. the New England Address about Harvard Colledge etc. with a Representation upon that subject. As to the Reference that lyes before us, upon the desire of some Inhabitants of New Yorke, that the Government of that Province should not be in the same hands with the Government of the Massachusets Bay, we have not yet done anything therein; and your Lordship may be assured, we shall weigh maturely what you have writ us on that subject, and be very carefull before we report upon it. We writ you formerly about sending Acts of General Assemblies, which concern private persons, under distinct seals without fast'ning them to those that are of a publick import; and we now add that we think there would be a conveniency in sending all public Acts also in the same manner, each of them under a separate Seal, provided still that they be either writ or printed in such a form that they may conveniently be bound up in volumes as there shall be occasion, which method we desire therefore may be observed in all your Governments. We have committed the Commissions for trying Pirates, concerning your Lordship as Governor of New Yorke and of New England, to the care of Mr. Champantè, and we now send you H.M. Letters relating to Accessories in cases of Piracy beyond the Seas, who are not to be tryed by the said Commissions.

Upon considering the length of many of your Lordship's letters and also of some of your answers occasioned by the mixture of business of different kinds; we offer it to your thoughts whether it would not be an ease and conveniency both to you and us, to divide different matters a little more into different letters, that so distinct answers may be returned to each of them without staying till one answer can be given to the whole. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. Mem—One copy sent to Mr. Champante, another inclosed to Col. Blakiston, etc. [C.O. 5, 1118. pp. 120–136; and 5, 1079. No. 65.]

Feb. 11.Whitehall.

147. Council of Trade and Plantations to the King. We have considered the Act past in the General Assembly of Maryland, April 26, 1700. Opinion of Attorney General [Jan. 16th] quoted, with which opinion we concur and further observe, that all things legally done by former Acts made for this purpose, and bearing this title, or tending thereto are by this Act ratified and confirmed, which words, tending thereto, are of
too large and uncertain signification. The vestrys are thereby incorporated and made a body politick, which is not so in England. The choice of vestrymen is directed to be made in methods contrary to the custom of England. The vestrys are endowed with too great powers and privileges, whereby they may become grievous and vexatious. The two former Acts of the like title, which have been annulled by your Majesty, are thereby also repealed, as if your Majesty's disallowance of them had not been sufficient, which presumption is derogatory to your Majesty's royal prerogative. And whereas there are several other matters and causes in the said Act liable to very material exceptions, wee humbly offer that this Act ought to be repealed, either by your Majesty's Order in Council, or by a new Bill or Bills to be formed with proper alterations, agreeable to the tolleration allowed here, and sent to the Governour of Maryland to be offered to the Assembly of that Province. Signed, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 5, 726. pp. 28–31.]

Feb. 11.AdmiraltyOffice.

148. J. Burchett to Wm. Popple. I have writ to the Capt. of the Lincoln to give Capt. Bennet a receipt for the Commissions for trying pirates in Virginia and Maryland and to take care for their being forwarded. Signed, J. Burchett. ½ p. [C.O. 5, 1312. No. 8.]

Feb. 11.

149. Micajah Perry, Thomas Byfeild and John Bolf to the Council of Trade and Plantations. On behalf of themselves and the other owners of the Charles brigantine. William Sare, master. Bound from Carolina to the Bahama Islands, the Charles was taken by John James, the pyrate, who had formerly taken a Bermudas sloop, William Joell, master. The pirate gave Joell (as he pretended) the Charles, and he disposed of her and her cargo at Currassoa. Petitioners pray that their case may be recommended to Capt. Bennett, and that he be directed to report what shall be transacted. Endorsed, Recd. Read Feb. 11, 1700 (1701). 1 p. [C.O. 37, 3. No. 52; and 38, 5. p. 152.]

Letter from Mr. Burchet, Feb. 8, with enclosures from Capt. Fairborne, read. Letter to Mr. Secretary Vernon on that matter writ, in which the Memorial from the Hudson's Bay Company was enclosed.

Feb. 13.

Memorial from Mr. Brenton, relating to the dispute between Rhode Island and Connecticut read; ordered that a state of the case be prepared and laid before the Board.

Address of the Massachusets Bay relating to Harvard College, the boundaries of the French, and the Fishery considered. Draught of the Charter for the College read and copy sent to Mr. Solicitor General for his opinion. Their Lordships also made some observations on the Charter.

Mr. Champante announcing that a vessel is about to sail for Newfoundland, ordered that one of the letters lately writ to Lord Bellomont be sent by that conveyance, and the duplicate to the Governor of Maryland by Capt. Bennet.

Mr. Champante also brought back the Acts of the Massachusets Bay, May 29, 1700, with Mr. Solicitor General's report, which their Lordships resolved to consider with all convenient speed.

Mr. Randolph presented to the Board (as he said, by order of the Commissioners of the Customs) several papers, whereof he has already laid copies before the Lords Commissioners of the Treasury. [Board of Trade. Journal, 13. pp. 352–359; and 98. Nos. 27–29.]

Feb. 11.

152. Minutes of Council of New York. Capt. Jacobus Cortlandt and Johannes Cortlandt produced Col. Stephen Cortlandt's accounts of the Public Revenue, which were referred to be auditted.

John Marsh petitioning for liberty to erect a mill of a new kind, to go with the tide, and desiring an exclusive patent therefor, H.E. and Council promised him incouragement so far as they reasonably could. H.E. promised to use his interest with the Assembly in their next Session for the procuring an Act for the incouragement thereof, provided he pay a reasonable quit-rent to H.M. and do perform the same in twelve months.

25l. paid to John Rodman out of the revenue, for building and furnishing the party wall between his house and a tenement belonging to H.M.

Feb. 12.

The persons complained against by the petition of John Tollman and Nathaniel Pearsall appeared and both parties were heard. The Board was of opinion that the Act for defraying the public charge did not impower petitioners to make out any warrant without the consent of all the Supervisors of the County, and that the Assessors only have power to issue their warrant under their hands and seals to the Constable or other person appointed to collect the said assessments and to destrain upon refusal, and that the Supervisors only have power to issue their
warrant to the Treasurer to make payments to defray the publick and necessary charge of each respective county, and whereas the Supervisors and Assessors of that County have very much mistaken the intent and meaning of that Act, and the powers and authorities given therein, petitioners were remitted their fine and imprisonment. [C.O. 5, 1184. pp. 418–421.]

Feb. 12.Whitehall.

153. Council of Trade and Plantations to the Right Hon. Mr. Secretary Vernon. The Hudson's Bay Company having transmitted to us a Memorial in pursuance of what was required of them when you were at this Board, Jan. 22, we send you copy. We desire you to let us know whether any orders have been given for ye settling of the matter of Capt. Fairborn and Mr. Lilbourn (see No. 142), that we may prepare our dispatches for Newfoundland accordingly. Signed, Ph. Meadows, John Pollexfen, Abr. Hill, Geo. Stepney. [C.O. 195, 2. p. 408.]

Feb. 12.

154. Minutes of Council in Assembly of the Massachusetts Bay. Mr. Speaker acquainting the Lieut-Governor that he did not expect a full house this day, the great quantity of snow lying on ye ground rendering it difficult for Members to travel, H.E. adjourned the Court till to-morrow.

Feb. 13.

And again on the morrow, the Representatives still wanting two Members.

Feb. 14.

H.E. summoned the Speaker and Representatives to attend, and acquainted them with what had been done since their last session, agreeable to the Resolves past by the Court, viz., the erecting of a trading house and fortification at Cascobay; making provision for new fortifications at Castle Island, and the revival of a Committee to consider of some suitable medium to supply the scarcity of money for enabling the inhabitants to pay public taxes and to support the trade of the Province, and that the Committee had drawn up some proposals relating thereto, which should be laid before them. He also acquainted them of the transaction of the Eastern Indians with the Five Nations, and of their desire to be joyned in the same Covenant Chain with them, and the Five Nations acceptance of them thereinto. He also acquainted them with several Letters and Orders which had been received from Whitehall, as an Order for an accompt of the method of proceedings in the Courts, which had been sent, and Instructions about Mediterranean Passes. His Honour farther informed them of the receipt of letters from Sir Henry Ashhurst, with a copy of the petition of the Earl of Lymrick unto H.M. for the grant of a tract of land at Pemaquid, heretofore the private estate of King James, and the answer given by Sir Henry. Also other papers, which should be laid before them, as also an Address to this Court by several Gentlemen and Fellows of the College, that further order may be taken referring to schools in the several counties, and suitable encouragement be given for the settling and continuance of learned, able school-masters to train up youth fit for admission to Accademical studys. Which His Honour
recommended to their serious consideration; as also the state of the Treasury, and the enlargement of the fund for management of trade with the Indians, that they might be encouraged by receiving a full supply and good usage therein.

The Representatives returned to their Chamber and sent up a deputation to convey their thanks to H.E. and to ask for the papers referred to.

Petitions of Thomas Coram, shipwright, of Taunton and Boston, against irregular proceedings of the Justices of a Court of Common Pleas, in causes between him and Peter Walker and Eleazar Walker; of the inhabitants of Tisbury, complaining that they were doomed over and above their due proportion to publick taxes; and of Dartmouth, complaining of their being charged towards building and maintaining the Bridge over ye great River in Taunton, whereof they had no use or benefit, referred for consideration. [C.O. 5, 788. pp. 221–224.]

Feb. 13.Boston.

155. Minutes of Council of the Massachusetts Bay. Andrew Belcher granted licence to build a warehouse with timber, provided he rough-cast it and slate the roof, upon his wharf adjoining his brick warehouse in Boston, which formerly belonged to Samuel Parris, and is at a considerable distance from other warehouses nearer to the sea, the foundations not being sufficient for brick. Similar licence granted to Samuel Lillie of Boston, merchant. Licence granted to William Hill of Boston to rebuild a timber house in Wings Lane, so as he slate the roof and inclose the sides with rough cast and continue the same from time to time.

Richard Francklin licensed to build a stable of timber near ye Mill-bridge, on condition he sets the same 30 foot from ye mill.

Licence granted to Benjamin Emmons to build a house of timber fronting to the Rope Yard adjoining to Forthill in Boston.

Allowance to Jonathan Remington, Minister at Saco, paid.

Account of John German, Chirurgeon, for attendance upon the seamen in H.M. service on board the Province Galley, paid.

4l. 7s. paid on account of repairs to the Town House in Boston. [C.O. 5, 788. pp. 31–34.]

157. Order of King in Council, approving representation of Feb. 11 (q.v.) and ordering the Council of Trade and Plantations to present to H.M. a new bill for establishing the Religion of the Church of England in Maryland, inserting therein such proper alterations as are agreeable to the tolleration allowed here, with a clause for repealing the Act now in force upon passing the new Bill in the General Assembly of the said Province, which is to be done immediately in the next General Assembly, if it arrives there while they are sitting, otherwise that they fail not of passing the said Bill before Christmas next; and in the meantime the
present Act is to subsist and continue in force, but not to be put too rigorously in execution. The Lords Commissioners for Trade and Plantations are to signify H.M. pleasure therein by their letter to the Governor of Maryland upon transmitting the new Bill as aforesaid, which is to be done with all expedition. Signed, John Nicholas. Endorsed, Recd. Read Feb. 14, 1700/1. 1 p. [C.O. 5, 715. No. 27; and 5, 726. pp. 31–33.]

159. Order of King in Council, directing the Lords Commissioners for Trade and Plantations to prepare letters for H.M. Signature to Governor Grey as is proposed in their representation of Feb. 6. Signed, John Nicholas. Endorsed, Recd. Read March 5, 1700 (1701). 1 p. [C.O. 28, 4. No. 81; and 29, 7. p. 270.]

Feb. 13.Whitehall.

160. William Popple to Sir John Hawles. By order of the Council of Trade and Plantations, I send you the inclosed draught of a Charter desired by the Government of the Massachusets Bay for a Colledg called Harvard College in that Province, upon which their Lordships desire to know your opinion how consistent it is with the Laws of England and with usual forms in which Charters of this kind are passed here. [C.O. 5, 909. p. 380.]

165. Minutes of Council of New York. Five Orders of Council, Sept. 5, 1700, read; also the letter of the Council of Trade recommending the petition of Matthew Plowman, Oct. 1700.

Ordered that Mr. Evitts attend the Committee for auditing the accounts of Col. Cortlandt, and that they sit on Tuesday and that Mrs. Cortlandt have notice thereof.

The Collector and Receiver General acquainting the Board that warrants of the Government for payment of public moneys have been tendered to him for payment of duties of Customs, ordered that such as are tendered by persons named in them, for duties payable by them, be accepted only. [C.O. 5, 1184. pp. 421–428.]

168. Council of Trade and Plantations to Mr. Secretary Vernon. Enclosing extracts of letters lately received from Sir W. Beeston, concerning the insults made by the Spaniards upon our ships and men in the West Indies. Signed, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 138, 10. p. 138.]

Feb. 17.

169. Theodor Eccleston and John Feild to the Council of Trade and Plantations. We intreat a copy of the New Bill ordered to be prepared for the Assembly in Maryland, before it be approved by you, that, if it should containe anything to be objected against, wee may have time to offer our objections, on ye behalf of our friends in Maryland. 17 12 month called February, 1700. Signed, Theodor Eccleston, John Feild. Endorsed, Recd. Read Feb. 17, 1700/1. ½ p. [C.O. 5, 715. No. 30; and 5, 726. pp. 35, 36.]

Feb. 17.Whitehall.

170. Council of Trade and Plantations to Governor Sir William Beeston. We have received yours of Oct. 7 and Nov. 12, and our Secretary has laid before us the papers of publick proceedings transmitted in your letters to him, Aug. 2 and Oct. 7. We find the Naval Accounts from Sept., 1698-Dec. 1699 to be wanting, and desire you to supply that defect. What you write, Oct. 7, about your refusing to admit the Deputies of the Provost Marshall and of the Receiver General by reason of some doubt about the meaning of H.M. Order in Council relating to Patentees, is not satisfactory to us. We thought we had fully explained to you how we understand that matter by our letter of May 17. For if an Act of the General Assembly limitting the effect of Patents contrary to the conditions allowed by them (that is, excluding
deputies, where the Patents carry a power of deputing) was thought derogatory to H.M. royal prerogative, and therefore repealed, [and] it was easy to infer how an Act or Resolution of the Council doing the same thing without H.M. allowance or direction must be interpreted. Nor do we see any reason for your refusing to admit the Deputy of the Receiver General, who has a Pattent for that place for life with power to act by deputy, unless the deputy presented to you for him had not been fitly qualified, which you doe not object. And as to the Deputy of the Provost Marshall, who you say was a very unfit man, you ought to have insisted upon that reason, not upon the Order of Council, for his exclusion, and have sent your particular objections against him to the Board, it appertaining to you to judge of the qualification of Deputies, but not to hinder the effect of the Pattents wherein Deputies are allowed. As to your doubt about the sense of some of the Acts for Trade, on which you say you have desired the opinion of the Commissioners of H.M. Customes, you do well to mention it to us, though you are to expect your directions from them what to doe therein. And we question not but you will also receive directions from the Secretary of State upon what you have writ to him concerning the insults of the Spaniards, of which we have reminded him. We have lately represented to H.M. about the Forts and fortifications in America, and he having thereupon directed us to require from the Governors of each Plantation a perfect account of the State of Defence of their respective Governments, you are to take notice thereof and transmit the same to us in the most particular manner with all expedition, with what you conceive to be further wanting or fit to be done for the security of that island, and you are to take care that the like accounts be transmitted to us regularly, from year to year. Refers to Commissions despatched for trying pirates and accessories, gives directions about the sending of Public Acts under separate seals, and instructions to the President and Council, in the event of anything happening to the Governor, only to pass Acts immediately necessary, etc. Cf. No. 146, etc. Refers to the new Councillors (see Feb. 7, 13) and asks for a new list of those fit to supply vacancies in Council. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 138, 10. pp. 139–144.]

Feb. 17.Whitehall.

171. Journal of the Council of Trade and Plantations. Mr. Field and Mr. Ecleston presented to the Board a Memorial desiring that the draught of an Act to be prepared for Religion in Maryland may be communicated to them before it receive the approbation of this Board, which was read, and they were told that they should not be surprized in anything, but what might be necessary for their consideration shou'd be communicated to them.

Draughts of letters to the Governors of the Leeward Islands, Virginia and Maryland agreed upon.

Ordered that a copy of the report of the Board, upon his petition, be given to Mr. Hodges, as desired.

Ordered that Mr. Merit be desired to call here on Wednesday.

Memorial from Nicholas Hallam read.

Letter from Mr. Asher, Boston, Dec. 1, read.

Feb. 18.

Letters to the Governors, agreed upon yesterday, signed.

Acts of the Massachusetts Bay further considered.

Feb. 19.

Letter from Mr. Secretary Vernon, Feb. 18, read and answer prepared.

Mr. Randolph presented to the Board an abstract of some papers setting forth the misdemeanours and male administration of Governors in the Proprieties and Charter Governments.

Letter writ to Mr. Secretary Vernon, desiring to know what instructions have been sent to Mr. Grey in relation to the Memorial of the French Ambassador concerning Sta. Lucia. [Board of Trade. Journal, 13. pp. 361–366; and 98. Nos. 31–33.]

Feb. 17.

172. Minutes of Council in Assembly of the Massachusets Bay. Mr. Treasurer attended the Board with an accompt of the present State of the Treasury, and a computation of what he judged needful to supply the Publick occasions until next May, and was directed to lay the same before the Representatives.

Feb. 18.

Bill to encourage able Schoolmasters ordered to be prepared.

Proposals of the Committee, appointed to settle the bounds between Dedham and Natick, that the Towns have a hearing before General Assembly, agreed to. The towns to be notified accordingly.

Feb. 19.

Bill about Schoolmasters read twice and committed.

Bill for directing the proceedings in cases of forceable entry and forceable detainer, sent up by the Representatives, was read a first and second time and committed. [C.O. 5, 788. pp. 224–226.]

Feb. 18.Whitehall.

173. Mr. Secretary Vernon to the Council of Trade and Plantations. I have layd before the King the papers sent me from the Lords of the Admiralty concerning Lieut. William Lilburne's suspention by Capt. Fairborne at Newfoundland, but H.M. has deferred giving any directions therein till he has received an account from your Lordships how the said Lilburne appears to you to have behaved himself in his command there. Signed, Ja. Vernon. Endorsed, Recd. Read Feb. 19, 1700/1. 1 p. [C.O. 194, 2. No. 26; and 25. p. 409.]

Feb. 18.Whitehall.

174. Council of Trade and Plantations to Governor Codrington. We have not yet received any letter from you. We have committed the Commissions for trying pirates and H.M. letter relating to Accessories to Mr. Cary. Repeats instructions sent to other Governors as to sending a state of the forts, etc., and transmitting public Acts under separate seals. [See No. 146.] Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, Jno. Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 153, 7. pp. 152–154.]

Feb. 18.Whitehall.

175. Council of Trade and Plantations to Governor Blakiston. Enclosing duplicates, and giving instructions for rendering an account of the fortifications and stores of war in Maryland, as No. 146, etc.

We have lately had under consideration the Act of the General Assembly of Maryland for the service of Almighty God, etc., and finding many things therein altogether unfit to receive the royal confirmation, which wee have accordingly laid before H.M.; it has therefore been resolved by H.M. Council that a new Bill be prepared with such proper alterations as are agreeable to the tolleration allowed in England, and with a clause for repealing the foresaid Act, now in force. Whereof we shall shortly write you further. It having been alleged that since the first enacting of a law of this kind, which has been several times repealed and re-enacted within these eight or nine years, there has by that means been levyed to the value of 30,000l, we desire you to inquire into the truth of that matter and to inform us how mony so levyed has been employed. Repeats instructions given to other Governors (cf. No. 146) as to sending all Public Acts under separate seals. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 5, 726. pp. 36–40.]

Feb. 18.Whitehall.

176. Council of Trade and Plantations to Governor Nicholson. Refers to Commission for trying pirates and repeats instructions sent to other Governors (cf. No. 146), about sending an account of the state of defence and what is wanted for the security of the Colony, and about sending all publick Acts under separate seals. Since ours of Dec. 4, we have not received any letter. Signed, Stamford, Lexington, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Abr. Hill, Geo. Stepney, Mat. Prior. [C.O. 5, 1360. pp. 71–73.]

Feb. 18.

177. Minutes of Council in Assembly of Barbados. The Assembly attending, H.E. informed them that he had received intelligence that great preparations were making at Martinico, since the news of the King of Spain's death, and recommended them to take some speedy care for the sufficient repair of the fortifications and for making entrenchments in case of any invasion. He also recommended them to prepare a bill to encourage Magnus Poppell to go on with his proposall for building a mold or harbour.

H.E. recommended to them the donation of Mr. Drax for the building a school-house, and told them that the Trustees are upon the directing a house to be built to answer the intent of the donor, and recommended that several other donations be employed to the like use and that they prepare a bill accordingly.

The Assembly, having withdrawn, returned and announced that they had resolved to appoint Commissioners upon the repairs of the fortifications, and that they would raise a levy for that purpose. Mr. Poppell's proposals were being considered. [C.O. 31, 6. pp. 399, 400.]

Feb. 18.

178. Journal of Assembly of Barbados. See preceding abstract. Levy of 12d. per head on negroes for the fortifications, to be paid by the last day of May, in proportion to the last levy, ordered.

Petition of William Heysham, for drawback on wine turned eager, granted.

Ordered that the Agents be written to, that they supplicate H.M. to furnish this Island with great guns to be paid for out of the 4½ per cent.

179. Minutes of Council of New York. Memorial of the Commissioners of Publick Accounts read, setting forth that by warrant Jan. 25 they required Thomas Weaver, H.M. Collector and Receiver General, to lay before them all the books, accounts and papers relating to the receipts and payments of H.M. Revenue, taxes and customs until Oct. 1 last. He informed them that he had never received them from the executrix (Gertrude van Cortlandt) of Col. Stephen van Cortlandt, in spite of the order of Council, made upon his application, directing her to deliver them into H.E. and Council, with all expedition. The Commissioners therefore cannot make any further procedure in the execution of the trust reposed in them, but have rather great reason to believe that it is the design of some ill-afected persons to conceal, if not wholly to imbezle, the said accounts, because (1) they are removed from H.M. Custom House, the most proper place where they ought to be lodged, so that now they are not in the custody of any sworn officer of H.M. Revenue, nor any inventory of them that the Commissioners can find. (2) It is now near three months since the decease of Col. Cortlandt. (3) His executrix declared to Mr. Weaver that her husband had none of the King's books and that what books she had were her husband's and she would not part with them. (4) Col. Cortlandt decd. having taken recognizances for the payment of the several sums agreed to by the farmers of H.M. excise and dyeing, as we suppose, possessed of them, we are well informed that his executrix since his decease hath by virtue of the said recognizances received several summes of H.M. excise and may continue so wholly to receive that considerable branch of H.M. revenue, the subjects believing that the delivery up of their recognizances to them is a sufficient discharge for their debt to H.M. (5) It hath been frequent with the Collector and Receiver to give some time and creditt to the responsible merchants of this City for payment of H.M. duties and customs, and Col. Cortlandt having so done, wee find that his executrix hath presumed to draw up accounts and make demands of the summes so given credit for. (6) Mr. Samuel Bayard, the son-in-law who manages the books and accounts of the executrix, informed one of the Commissioners that they must not expect the accounts of his father to be given them these twelve months. (7) The Commissioners are certain
that Col. Cortlandt hath received great summes out of H.M. revenue, of the disposall of which they have no accounts, nor can have if the said books, accounts, and papers be so concealed or imbezilled. Feb. 15, 1700 (1701). Signed, Rip van Dam, Cornelius Sebering, D. Provoost, Leonard Lewis, Abr. Gouverneur.

Memorial of Thomas Weaver, to the same effect, also read. He hath great reason to believe that Gertrude van Cortlandt is incouraged in her undue proceedings for that there is no Court of Exchequer as yet erected in this Province, nor any person learned in the law to prosecute in behalf of H.M. Signed, T. Weaver, Feb. 18, 1700 (1701). The said Collector and Receiver was sworn and gave in his deposition relating to the books and accounts of the Revenue. Whereupon it was ordered that a warrant immediately issue to the Sherriff of New York impowering him to seize all such books etc., which was done and the accounts and papers relating to H.M. revenue were delivered by him to this Board at 9 o'clock in the evening.

Feb. 19.

Mr. Barne Cozens, Clerk of the Council, swore to the truth of his deposition relating to the refusal of Mrs. Cortlandt to deliver the books of accounts, etc. Ordered that she, together with her son Johannes van Cortlandt, and John Basford, attend to-morrow and deliver all the books of accounts of taxes kept by Col. Stephen van Cortlandt, together with all recognizances and other papers relating to H.M. Revenue of Excize in their possession, together with a list of the severall farmers thereof for the severall years, and that upon oath.

Ann Chappell, Tavern-Keeper in New York. declared upon oath that she payd the widow of Col. Cortlandt since his death on account of Excise, in return for the recognizance she had given to Col. Cortlandt for that payment. Proclamation ordered commanding all persons indebted to the King's Revenue to pay only the present Collector.

Feb. 20.

Mrs. Cortlandt, her son and John Basford, appeared and desired a list of what books, etc., were required of her, which was given them. Ordered that they be delivered to H.E. and that the list of debts enumerated, outstanding for Customs and Additional duties, be allowed as payment to the executrix and credit given to Col. Cortlandt for soe much.

180. Edward Randolph to the Council of Trade and Plantations. Abstract of paper shewing the high crimes and increasing misdemeanours of male administration of the Governors in the severall Proprieties.

Bahama Islands. Col. Nicholas Trott was Governor of Providence, 1695, when Every came thither in the Fancy. Cites case of Trott's dealings with that pirate. He was succeeded by Col. Nich. Webb, who by great oppression and exacting extravagant fees from Masters of vessels gott in about two years 7 or £8,000, and then making Read Elding Dep.-Governor of the Bahama Islands, Matthew Middleton, a Red Sea man, Governor
of the Islands of Elutheria and Harbour Island, and John Warren, another Red Sea man Attorney General, he went to Philadelphia, where his men ran away with his vessel and all his money, where he ended his life and government also. The next Governor was Read Elding; he is charged with committing piracy upon a New England ship from Jamaica, which was restored in Governor Webb's time, but Elding detained 190l. of the money, refusing to pay it, unless the Master would give him a full discharge. He has turn'd the Judge of the Admiralty (appointed by the Lords Proprietors) out of his place, and made one Dalton, a Red Sea man, Judge in his room, and Parker his brother-in-law, and one of the chief of Every's men, the Marshall. He has, by Elding's directions, seized four small vessels built in the country, for not being registered, one of which belonged to the person I made Surveyor and Searcher of Customs, on purpose to prevent his seizing illegal traders.

South Carolina. John Archdall, late Governor (under his son, a Lord Proprietary of the Province) permitted some of Every's men who came from Providence to land and bring their money quietly a shoar, for which favour he was well paid by them. He gave a permit to Simon Tristrant (a Frenchman borne) who came from St. Thomas, to put off his sugar, wine and cocoa, for which his Marshall received for the Governor a large present, and therefore he would not suffer the Judge of the Admiralty nor the Collector to seize her, saying she belonged to English owners. He allowed one Day, Master of a great ship of Bristol, from Jamaica, to sell his cargo of sugar to a merchant in Charles Town upon condition that he should have a share. Mr. Blake, his successor, sent 6 barrels of gunpowder, bought for defence of the country, to his agents to purchase skins of the Indians. He clandestinely got 80l. from William Joel, Master of a Bermuda sloop, and caused a Carolina sloop from Guinea to be seized for the same reason, that she was not registered, whenas the time for registering vessels was not expired, discharging her upon the owners' promise to pay him 50l. He was consenting to the seizing of the Carlisle, stopt 5 months in the country, upon pretence that the Master was a pirate, but the design was to get her into his and his confederates' hands, by putting the sailors upon seizing her for their wages, and then get her to be sold to them for little or nothing. By a trick he put upon the credulous Master of the Edward and Sarah of London, loaden with sugar from Jamaica, he gott the management of the vessell, and her loading into his hands, and leaving that to the care of one Loggen, they imbezilled the sugar, and brought in extravagant charges for commission, which were allowed; the vessel was sunk through their neglect, yet they demanded and had 30l. for their care. Case of the Snow galley and of the Cole and Bean. He turned Mr. Nicholas Trott, appointed Naval Officer by the Lords Proprietors and also by the Commissioners of H.M. Customs, out of his place, because he was diligent and faithful, and put another therein, who was his confident, and not fit for the place.

North Carolina. Thomas Harvey, late Governor, was deputed by Mr. Archdall. He put Masters to great charges, because of their not being registered, though the time limitted for registering was not expired. The tobacco made in their island is generally carried to Boston or to the islands near Conecticott, where it is caryed to Scotland, which fraud ought speedily to be prevented. During his Government H.M.S. Fwoy (Fowey) was drove ashore. The inhabitants robbed her and shot into her sides and disabled her from getting off. The Actors were tried and one of the chief was banished. Henderson Walker, the present Governor, is in noe sort fit for the office.

The three lower Counties of Newcastle, Kent and Sussex lying in Delaware Bay. Mr. Penn has the soyle granted him by two deeds from the late Duke of York, but he usurps the Government, and exercises regal power over them upon an imaginary title, grounded upon a sham law of his own contriving made at Chester by wheedling the credulous inhabitants to entreat him to take them under his protection. Since Mr Penn's arrival the tobacco made in those countries has risen from 4 or 500hhds to 3,000 last year. The greatest part is shipt off to foreign Plantations, Scotch factors being settled there to buy it up for that purpose. Case of Lieut.-Governor Markham. Mr. Penn soon after his arrival, contrary to his promise to the first settlers of his Province, procured an Act to lay great duties upon the inhabitants for his own proper use, but has not proclaimed H.M. King.

East and West Jersey. The Proprietors have right to the soyle, but not to the Government of those Provinces. The Quakers are now contesting for Col. Hamilton, their present Governor, tho' not allowed off by H.M. Order in Council, as the Law directs. The country is too large and the inhabitants too few to be continued a separate Government. Therefore East Jersey ought to be annexed to N. Yorke and West Jersey to Pennsylvania, and the three lower counties, which will make a considerable and useful Government.

Colony of Connecticott. The chief of the inhabitants do assist and countenance the concealing of prohibited goods. Colony of Rhode Island. The inhabitants at all times harbour and abet pirates. The Government is in the hands of Quakers. Massachusetts Bay. They continue their illegal trade, being now countenanced by three of the Members of their Council, especially, who sit and are judges in the Court of Trials and favour the Defendants, and openly discourage those who prosecute for H.M., and deny them legal appeals. They having not long since obtained a new Charter, have annulled all former laws for raising a maintenance for a Governor, on purpose to discourage honest well-qualified Gentlemen, desiring thereby to continue the administration amongst themselves, rendering that Government precarious only. New Hampshire. William Partridge is at present the Lieut.-Governor, a mill-wright in noe sort fit for Government. He some time since sent a great quantity of tobacco to Newfoundland, and has forfeited his bond of 1,000l. for not producing a legal certificate to discharge it. Newfoundland. Formerly
called Avalonia, is the propriety of Lord Baltimore, and by the Act for encouragement of trade, xv Charles II, is made one of H.M. Plantations, and belongs to the Crown. It has been and is to this day a great staple for all European and Plantation commodities. The Scotch have lately settled a factory there, and send sugar, tobacco, etc., to Scotland, Holland, and other prohibited places, and our English vessels make their returns in wine, brandy, oyle, and other European Commodities, which are dispersed in small quantities to all H.M. foreign Plantations.

These many misdemeanours arise chiefly from a very great neglect in the Proprietors, not taking due care to provide an honourable maintenance for support of their Governors, which is the true reason why noe honest gentleman of good reputation and ambitious to serve H.M. will leave his country to live upon the rapine and spoil in the Proprieties, as many of them have done for several years past. Neither have they taken any notice of the frequent complaints of the grievous oppressions done by their Governors, nor of their exacting extravagant fees from masters of vessels and other tradeing persons, so as to redress them, whereby lawful traders have been wholly ruined. They have not, during the late war, sent over any great guns or small arms, or stores, nor provided ships of war to be man'd where necessary, so that all the Proprieties lie open to invasion, especially S. Carolina, lying within 60 miles of the town and port of St. Austin. It is therefore humbly proposed, (1) That the Government of all the Proprieties be forthwith vested in the Crown. (2) That all the just rights and properties of the Proprietors, and also of all the persons claiming by or under them, be continued and confirmed to them by Act of Parliament to be enjoyed in as full and ample manner as they have or may of right enjoy by vertue of their respective grants or patents.

P.S.—Since presenting the foregoing abstract, I am informed by persons lately come from Newcastle that there were above 3,500 hhds. of tobacco made last year in the 3 lower counties, and that Mr. Penn dissolved one Assembly and called another about Oct. 21 last at Newcastle, being noe part of his Province, nor Government, and made several laws there. And for the greater encouragement of illegal traders, he appointed Joseph Wood, worth little or nothing, to be the Collector of H.M. Customs at Newcastle in the room of Mr. Birch, a good officer then deceased, and endeavoured by all means to get from Mrs Birch all her husband's papers. Mr Penn did likewise intercept the letters and a packet from the Commissioners of Customs to Mrs. Birch under the Earl of Bellamont's cover, and did keep them tho' often demanded. And did also strictly charge one Swift, who he knew had a packet from Col. Quarry to the Commissioners of Customs, not to deliver them till one month after his arrival, which at last could not be had by the Col.'s correspondent without the assistance of a Custom House Officer, who first broke open Swift's chest. Signed, E. Randolph. Endorsed, Recd. Feb. 19, 1700/1. 12½ pp. Enclosed,

180. ii. Copy of Conveyance of New Castle from the Duke of York to Mr. Penn. Aug 24, 1682. Endorsed as preceding. 3 pp.

180. iii. Copy of Act of Assembly past at Chester in Pennsylvania, Dec. 6, 1682, by which Mr. Penn claims the Government of the three lower counties. Same endorsement. 2¼ pp. [C.O. 5, 1260. Nos. 96, 96. i.–iii.; and 5, 1288. pp. 445–483.]

Feb. 19.Whitehall.

181. Council of Trade and Plantations to Mr. Secretary Vernon. We entreat you to acquaint us if any Instructions have been sent to Mr. Grey in relation to the Memorial of the French Ambassador concerning Sta. Lucia. Signed, Lexinton, Ph. Meadows, Wm. Blathwayt, Geo. Stepney, Mat. Prior. [C.O. 29, 7. p. 262.]

Feb. 20.Whitehall.

182. Council of Trade and Plantations to Mr. Secretary Vernon. In reply to your letter, Feb. 18, we have examined the papers relating to Capt. Fairburne and Lieut. Lilburne, and desire you to represent to H.M. that Lilburne does appeare to us to have been chiefly blamable, in taking money for preserving stages for some fishing ships to the prejudice of others, in employing fishing boats upon his own account, in exercising an authority amongst the inhabitants (all which particulars no military Commander ought to be concerned in) and in exacting too great rates from the soldiers for shoos and stockings furnished to them, besides other matters of less moment. You will farther please to acquaint H.M. that Mr Haven, the Ensign who was the chief accuser of Lieut. Lilburne, appears to have been too busy in fomenting discontents and murmurings amongst the soldiers and inhabitants, and is engaged in divers quarrels and disputes there, so that we do not conceive it fit for H.M. service that either of those officers be continued there, but humbly propose that others may be sent in their stead by the convoy that is now on departure for Newfoundland. Signed, Lexington, Ph. Meadows, John Pollexfen, Abr. Hill, Geo. Stepney. [C.O. 195, 2. pp. 410, 411.]

Feb. 20.Kensington.

183. Order of King in Council referring the draft of a Proclamation for the apprehending and convicting of pirates back to the Council of Trade and Plantations to consider and report on Tuesday next what time is fit to be allowed to persons serving on board any pirate ship to come in and make any affidavit of the piracies committed by such ship. Signed, John Nicholas. ½ p. Enclosed,

184. Journal of Council of Trade and Plantations. Mr. Merit, attending as desired, promised to return answer next week as to whether any ship that he and his friends are concerned in, designing from Pool to Newfoundland, cou'd carry thither about 170 tons of Portland stone.

Letter to Mr. Secretary Vernon signed and sent.

Feb. 21.

Mr. Champante desiring directions about sending forwards the Commission to Lord Bellomont, ordered that he may send it by way of New England.

Mr. Bass presented to the Board a memorial praying their Lordships to proceed upon the consideration of the petition of the inhabitants of East New Jersey, which was read. He was told that the Board is mindful of it and will make what dispatch they can.

Order of Council, Feb. 20, upon the draught of a Proclamation for encouraging the apprehending and convicting of pirates read, and several observations being made by their Lordships upon the said draught, ordered that the old and new East India Company and the African Company have notice, that they may send some of their members to attend this Board on Tuesday, in order to the further consideration thereof, and that the like notice be given to the Barbados and Jamaica Agents, to Mr. Cary and Mr. Jory for the Leeward Islands, and to Mr. Perry for Virginia and Maryland.

185. Minutes of Council of the Massachusetts Bay. 6l. paid to Mr. William Noyes of Newberry, Commissary to the souldiers about Merrimack River in the time of the late war with Indians. [C.O. 5, 788. p. 34.]

Feb. 20.

186. Minutes of Council in Assembly of the Massachusetts Bay. Bill to encourage Schoolmasters amended, passed, and sent down.

Bill about forceable entry amended and passed. Bill, directing how Town officers shall be sworn in such Towns where no J.P. dwells, read a first time.

Petition of David Jacobs and Joseph Otis on behalf of the ancient and first Church or Congregation in the Town of Situate, praying a reconsideration of an order past last Session relating to the settling of distinct boundaries or precincts for support of the Ministry there, was read, Order for hearing petitioners was sent down to the Representatives for their concurrence. Order for hearing the petition of Dartmouth (see Feb. 14) next session sent down to the Representatives.

Richard Honnywell, of Boston, Mason, discharged of his recognizance whereby he is bound to demolish a timber house he has set up, adjoining his dwelling, without approbation and licence as the law directs. This order also sent down to the Representatives for their concurrence.